Surfezy

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Site Terms And Conditions Of Use

1. INTRODUCTION

1. These terms and conditions of use (together with the documents referred to in them) ("Terms and Conditions of Use") set out the terms on which you may download software, order any products or services from, or otherwise make use of the websites www.Surfezy.com and/or hosted.Surfezy.com ("the Site"). Please read these Terms and Conditions of Use carefully before you download any software, order any products or services or start to use the Site.

2. By using the Site (including downloading any software or ordering any products or services) or by ticking the consent box accepting these Terms and Conditions of Use, you agree to and are bound by these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please refrain from accessing or using the Site and do not tick the consent box.

2. INFORMATION ABOUT SURFEZY

1. The Site is operated by ATWEB P/L, a propriatory limited company registered in Australia, ABN 15 160 905 528, the registered office of which is at P.O. Box 654, Padstow, NSW, 2211,Australia ("Surfezy").

3. ACCESSING THE SITE

1. Access to the Site is permitted on a temporary basis and Surfezy reserves the right to withdraw or amend the service it provides on the Site without notice (see below). Surfezy will not be liable if for any reason the Site is unavailable at any time or for any period.

2. From time to time, Surfezy may restrict access to some part of the Site, or the entire Site, to users who have registered with the Site.

3. You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who have access to the Site through your internet connection are aware of these Terms and Conditions of Use and that they comply with them.

4. TERM AND TERMINATION

1. These Terms and Conditions of Use will apply whilst you are using the Site, using software downloaded from the Site or using products or services ordered from the Site.

2. Without prejudice to its other rights or remedies, Surfezy may terminate these Terms and Conditions of Use at any time.

3. Any termination of these Terms and Conditions of Use will not affect the coming into force or continuation in force of clauses 5, 6, 9, 10, 16, 19, 20 and 22 of these Terms and Conditions of Use.

5. INTELLECTUAL PROPERTY RIGHTS

1. Surfezy is the owner or the licensee of all intellectual property rights in the Site and in the material published on it. Those works are protected by copyright, patents, design rights and trade marks around the world. All such rights are reserved.

2. You may print off one copy and may download extracts of any webpage(s) from the Site for your personal reference and you may draw the attention of others within your organisation to material posted on the Site.

3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

4. Surfezy's status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.

5. If you print off, copy or download any part of the Site in breach of these Terms and Conditions of Use, your right to use the Site will cease immediately and you must, at Surfezy's option, return or destroy any copies of the materials you have made. Surfezy reserves its rights with regards to all other remedies available to it at common law or the law of equity.

6. USE OF SOFTWARE

1. Any software which is made available for download from the Site or is ordered through the Site is distributed under the GNU General Public Licence Version 2 as set out in Schedule 1 of these Terms and Conditions of Use ("GPL"). In the event of conflict between these Terms and Conditions of Use and the GPL, these Terms and Conditions of Use will prevail.

7. RELIANCE ON INFORMATION POSTED

1. Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. Surfezy therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.

8. CHANGES TO THE SITE

1. Surfezy aims to update the Site regularly and may change the content at any time and if the need arises, Surfezy may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time and Surfezy is under no obligation to update such material.

9. LIABILITY

1. The material displayed on the Site and any software is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, Surfezy, other members of its group of companies and their officers, directors and employees hereby expressly exclude:

1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; 2. any liability for any indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any material posted on it and/or any use of the software; and 3. any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill and wasted management or office time.

2. For any other loss, damage or expense incurred and arising out of the performance of these Terms and Conditions of Use, Surfezy limits its liability to damages only and the level of such damages shall not exceed one thousand pounds (ÂL1,000) for all or any claims or series of related claims.

3. The terms of clauses 9.1 and 9.2 do not affect Surfezy's liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

4. Surfezy expressly excludes liability from third party products and their contents that may be reviewed or advertised on this site. Any questions, discrepancies, copyright or legal issues should be taken up with the authors directly.

10. INDEMNITY

1. You agree to indemnify Surfezy against all liabilities, claims, losses, damages and expenses that may arise from the following:

1. any claim by a third party as a result of a breach or alleged breach of its intellectual property rights; 2. any breach of a licence granted by Surfezy; 3. any breach of a warranty contained in these Terms and Conditions of Use; and 4. any other breach of these Terms and Conditions of Use.

11. INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE

1. Surfezy processes information about you in accordance with its privacy policy which forms part of these Terms and Conditions of Use. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

12. USING THE SITE'S FORUM

1. Whenever you use the Site, including use of the Site's forum, posting reviews and / or blogs, you agree that you will not post any material which is in breach of a third party's intellectual property rights, defamatory, abusive, vulgar, hateful, harassing, obscene, profane, sexually orientated, threatening, invasive of a person's privacy, knowingly false or in violation of any law. You warrant that any such contribution does comply with this clause and you indemnify Surfezy for any breach of that warranty.

2. Any material you upload to the Site will be considered non-confidential and non-proprietary and Surfezy has the right to use, copy, distribute and disclose to third parties any such material for any purpose. Surfezy also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, their right to privacy or is defamatory.

3. Surfezy will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.

4. Surfezy has the right to remove any material or posting you make on the Site if, in its opinion, such material does not comply with clause 12.1 above.

13. VIRUSES, HACKING AND OTHER OFFENCES

1. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.

2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Surfezy will report any such breach to the relevant law enforcement authorities and Surfezy will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

3. Surfezy will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technology harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material (including software) posted on it, or on any website linked to it.

14. LINKING TO THE SITE

1. You may link to the Site's home webpage, provided you do so in a way that is fair and legal and does not damage Surfezy's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Surfezy's part where none exists.

2. You must not establish a link from any website that is not owned by you.

3. The Site must not be framed on any other site. Surfezy reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with reasonable content standards.

4. If you wish to make any use of material on the Site other than that set out above, please address your request on the Site's forum.

15. LINKS FROM THE SITE

1. Where the Site contains links to other sites and resources, products or services provided by third parties, these links are provided for your information only. Surfezy has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

16. CONFIDENTIALITY

1. In the event that you receive any confidential information concerning the business, affairs, customers, clients or suppliers of Surfezy, you may not dicclose this confidential information except as permitted by clause 16.2.

2. You may disclose Surfezy's confidential information:

1. to your employees, officers, representatives or advisers who need to know such information for the purposes of carrying out your obligations under these Terms and Conditions of Use. You shall ensure that your employees, officers, representatives or advisers to whom you disclose Surfezy's confidential information comply with this clause 16; and 2. as may be required by law, court order or any governmental or regulatory authority.

3. You shall not use Surfezy's confidential information for any purpose other than to perform your obligations under these Terms and Conditions of Use.

17. VARIATIONS

1. Surfezy may revise these Terms and Conditions of Use at any time by amending this webpage. You are expected to check this webpage from time to time to take notice of any changes made, as they are binding on you. Some of the provisions contained in these Terms and Conditions of Use may also be superseded by provisions or notices published elsewhere on the Site. Any changes to this webpage or provisions or notices published on the Site will be deemed to be delivered to you when you first use the Site following the change, provision or notice.

18. ENTIRE AGREEMENT

1. These Terms and Conditions of Use and the documents referred to in them (including, without limitation, Surfezy's privacy policy) represent the whole agreement between you and Surfezy.

19. RIGHTS OF THIRD PARTIES

1. Any person who is not a party to these Terms and Conditions of Use or any agreement formed under these Terms and Conditions of Use has no rights under to rely upon or enforce any terms of these Terms and Conditions of Use.

20. SEVERABILITY

1. In the event that any clause or sub-clause of these Terms and Conditions of Use is held to be invalid or unenforceable by a court of appropriate jurisdiction, the remaining clauses and sub-clauses of these Terms and Conditions of Use shall remain valid and enforceable.

21. HEADINGS

1. Headings used in these Terms and Conditions of Use are for convenience only and shall not affect their interpretation.

22. JURISDICTION AND APPLICABLE LAW

1. The Australian courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site. These Terms and Conditions of Use are governed by Australian law.

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